Jim Walter Resources, Incorporated (ALJ decision, May 6, 1999)

Plain-English summary

Bennard Smith brought a Mine Act discrimination complaint against Jim Walter Resources, and the parties later moved to approve a settlement. Judge Gary Melick found the settlement acceptable after considering the parties' representations, supporting documents, and the full trial record. The order required Jim Walter Resources to pay Smith $2,789 in damages and the Secretary a $1,500 civil penalty within 40 days.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815(c), 815(d), and 820(i)
• Outcome: The discrimination settlement was approved, with $2,789 in damages to Bennard Smith and a $1,500 civil penalty.
• Key point: The judge approved the negotiated damages and penalty after reviewing the full merits record and the Mine Act penalty criteria.

Full text (FMSHRC public release)

JIM WALTER RESOURCES, INCORPORATED
May 6, 1999
SE 98-184-D

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, Suite 1000
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

May 6, 1999

SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. SE 98-184-D
on behalf of BENNARD SMITH, : BIRM CD 98-02
Complainant :
v. : No. 3 Mine
: Mine ID No. 01-00758
JIM WALTER RESOURCES INCORPORATED, :
Respondent :

DECISION

Appearances: William Lawson, Esq., Office of the Solicitor, U. S. Department of Labor, Birmingham, Alabama, on behalf of Complainant;
David M. Smith, Esq., and James P. Naftel, Esq., Maynard, Cooper & Gale, P.C., Birmingham, Alabama, and Guy W. Hensley, Esq., Jim Walter Resources, Inc., on behalf of Respondent.

Before: Judge Melick

This case is before me upon a complaint of discrimination and petition for assessment of civil penalty under Sections 105(c) and 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Following hearings a decision on the merits was issued on March 23, 1999, granting the Secretary s Complaint in part. The parties have now filed a motion to approve a settlement agreement providing a reduction in civil penalty to $1,500.00 and damages to the individual Complainant, Bennard Smith. Mr. Smith has agreed to the proposed amount of damages. I have considered the representations and documentation submitted in this case including the entire trial record and I conclude that the proffered settlement is acceptable under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay damages of $2,789.00 to Bennard Smith and a civil penalty of $1,500.00 to the Secretary within 40 days of this order.

Gary Melick
Administrative Law Judge

Distribution:

William Lawson, Esq., Office of the Solicitor, U.S. Department of Labor, Chambers Building, Suite 150, Highpoint Office Center, 100 Centerview Drive, Birmingham, AL 35216 (Certified Mail)

Bennard Smith, 612 North 13th Street, Bessemer, AL 35023 (Certified Mail)

David M. Smith, Esq., Michael E. Turner, Esq., Maynard, Cooper & Gale, P.C., 1901 Sixth Avenue North, 2400 AmSouth/Harbert Plaza, Birmingham, AL 35203-2602 (Certified Mail)

/mca